Sturgis v. New Jersey Steamboat Co. 62 N.Y. 625

Appleton Sturgis, Administrator, etc., Respondent, v. The New Jersey Steamboat Company, Appellant.

(Submitted May 28, 1875;

decided June 8, 1875.)

This action was brought by Russell Sturgis, the original plaintiff, to recover commissions alleged to have been agreed upon for his services as broker in chartering two steamers belonging to the defendant, to the United States government.

It appeared that Daniel Drew, defendant’s president, agreed with said Sturgis that if he would effect a charter for the steamers, he was to receive five per cent on the earnings; that Sturgis saw the government agent and took him to Drew, and an agreement was entered into for both vessels at $800 each per day; charter parties were executed hiring the vessels for one month “ and as much longer as said vessels may be required by the United States war department; ” the steamers remained in the service of the government, one 239, the other 210 days. It was admitted that defendant received the charter money. Defendant moved for a nonsuit and asked the court to charge that Drew had no authority as president to make the alleged agreement. . The court refused. Held, no error; that defendant, by accepting the charter parties and the moneys under them, not only ratified the act of Drew in entering into them, but that those acts furnished a presumption that he was authorized to enter into them, and also to use the customary reasonable means for procuring employment of its vessels — one of which was the employment of brokers.

Also, held, that a refusal to charge that plaintiff must be limited to five per cent on the earnings for one month was not error; that the charter party was not void for uncertainty, and that plaintiff was entitled to commissions on the whole earnings.

Charles Jones for the appellant.

William Allen Butler for the respondent..